CORRECTIONS IN THE COMMUNITY PROBATION AND PAROLE History

CORRECTIONS IN THE COMMUNITY: PROBATION AND PAROLE

History of Probation � Stemmed from judicial reprieve � John Augustus (1840 s) � First statute passed (MA, 1878)

Basics of Probation Offender released into community � Under supervision � With conditions � Probation may be managed under executive or legislative branch � Administration � › › › Prepare PSIs Granting probation Establishing conditions Determine length of probation Clarifying violations

PSI � Document that helps court determine offenders’ eligibility for probation � Contains: › › › Complete history of offender Prior record Family life Ties in community Job situation Possibly victim-impact statement

PSI Continued � Sources of information: › Victim › Offender › Arresting officer › Family, friends, relatives › Employers › Court record › Others � Courts may request long or short PSI (both succinct with only relevant info. )

PSI Continued � Courts may not request PSI › Places with sentencing guidelines (less relevant) › Plea bargaining – pre-trial plea investigation is analogous � Long PSI: serious offender; offenders with prior record

Criticisms of PSI � PO significant impact on sentence length � POs create PSIs to advance their careers, promote individual perspectives about defendants � May reflect inadequate investigation and preparation due to PO workload

Purposes of PSI � Provides court with background information on offender � Facilitates supervision of offender › Awareness of issues s/he may have in community � Assists correctional staff in event that offender ends up incarcerated

Conditions of Probation: Punitive, Risk, Management � Punitive: activities probationer must perform � Risk: Addresses problem areas in offender’s life � Management: Facilitates supervision process

Conditions of Probation; Examples � � � � � Cannot commit a new crime Maintain employment Meet family responsibilities Pursue educational and/or vocational training Undergo treatment (e. g. , substance abuse) Receive medical or psychiatric services Restricted contact (felons, children) Travel restrictions Must report changes (address, employment)

Length of Supervision � Depends on the state › Misdemeanors – usually 2 years › Felonies – usually 5 years � Probationers can be discharged from supervision for exemplary conduct � Sometimes done to reduce caseload

Violations � Types › New – commission of crime › Technical – violation of probation (not crime) � PO can revoke for violation, but usually depends on gravity of offense › Minor – usually warning › Major or repeat violations – usually revocation

Revocation Process PO must file notice with court � Case goes on court calendar � Probationer receives copy of alleged violation � Required to appear for preliminary hearing � If probationer denies charge, court decides whethere is sufficient evidence to proceed � If there is, then revocation hearing is scheduled �

Probationers’ Rights � Have an attorney � Testify � Produce witnesses � Standard: Preponderance of evidence � Results (with finding of guilt) › Reprimand return to community supervision › Incarcerate (jail or prison)

Probation Officers’ Powers � Arrest (only probationers) � Search and seizure without warrant, consent, or probable cause � Do not have to advise probationers of right of protection against self-incrimination � Can enter probationer’s vehicle at any time without permission

Advantages of Probation � Less expensive � Offenders’ attachment to community � Resources › › Employment Relationships Supervised socialization Avoid harmful effects of prison

Criticisms and Resolutions � Budgetary constraints � Caseload, workload � Lack of direction in services � No clearly defined mission

Proposals � Service orientation › › � Provide assistance to probationer Provision of guidance and counseling Resources and referrals Rehabilitative Differential orientation › Centrist approach between assistance and control › Use of risk-needs assessments › Focus on rehabilitation and public safety � Intensive orientation (most punitive) › Strict surveillance › Use of curfews; face-to-face contact requirement; weekly verification of employment

History of Parole � Maconochie (1840 s) › Norfolk Island (prior to/after his arrival) › Mark system (work, frugality, conduct) › Five principles of mark system By 1944, every state had parole laws � Late 19 th Century to WWII – work � WWII to 1970 s/1980 s – counseling, rehabilitation � Post 1980 s – abolition, modification of parole �

Parole Administration � Effect of determinate sentencing � Mandatory release: offender served sentence, minus good time; released with requirement of supervision � Expiration: offender served sentence, minus good time; released with no requirement of supervision � Discretionary – discretion of parole board

Parole Board Appointed by legislative and executive branches (highly political) � Possesses: � › › › Offender’s jacket PSIs Institutional reports (behavior in prison) Progress in programs Physical and psychological testing available on request › May interview inmate (if so, usually under 10 minutes)

Parole Considerations � Age � Substance abuse history � Length of time served � More than ½ of states permit victims and family members to meet with parole board � Recommendation may be solicited from prosecutor

Conditions of Parole � Crime-free life � Restrictions on travel � Required to secure employment � Special conditions (e. g. , substance abuse counseling) � Duration based on time served and state legislation

Violations of Parole � Technical or new offenses � Some due process (bifurcated) � Right waive preliminary hearing � Limited right to question witnesses, parole officers; introduce evidence

Obstacles after Release � Substance abuse � Employment � Lack of structure (unlike prison) � Frustration and stress from depending on family and friends for everything

Goal Conflict in Probation and Parole � Social work and law enforcement duality � Law enforcement duties undermine client’s willingness to share personal or sensitive information � Goal ambiguity; lack of clearly defined mission � Practitioners tend to see and value both � More expensive (although it could be costeffective in the long run) and more laborintensive to provide rehabilitation